Mental disability key to 2 death row appeals

Published 1:29 pm Friday, July 4, 2008

JACKSON, Miss. (AP) — Two Mississippi death row inmates argue in court papers that they are mentally disabled and should not be put to death.

The claims of both have been turned down by trial judges. Now their arguments will be considered by the Mississippi Supreme Court during the July-August term.

However, the justices will only hear oral arguments from attorneys for Anthony Doss. The case is set for hearing on Aug. 4 in Jackson.

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Howard Dean Goodin’s appeal has been argued in briefs submitted by the Office of Capital Post-Conviction Counsel and the attorney general’s office.

In post-conviction petitions, inmates claim to have found new evidence that could win them a new trial.

Robert McDuff of Jackson, the attorney for Doss, said the appeal deals with mental disability and claims that Doss’ lawyer should have done a better job at sentencing.

Doss, now 35, has been on death row since 1993. In 2004, the Mississippi Supreme Court said Doss could pursue the post-conviction claims. A judge in Grenada County ruled against Doss in 2006, setting the stage for another Supreme Court review.

Doss was sentenced to death by a Grenada County jury in 1993 for his role in the armed robbery of Sparks Stop-N-Shop and the killing of clerk Robert C. “Bert” Bell.

According to the court record, Doss claimed he never actually shot Bell but admitted he was armed when he participated in the robbery and the resulting murder. He claimed Freddie Bell, no relation to the store clerk, was the triggerman.

The U.S. Supreme Court earlier denied Doss’ appeal of his death sentence in 1999. But in 2002 the high court ruled in a Virginia case that it’s illegal to execute people who are mentally disabled.

Goodin, now 54, was convicted of capital murder in 1999. A Newton County judge found Goodin competent in 2004.

A surveillance tape played in court showed Goodin entered Rigdon Enterprises in Union on Nov. 5, 1998, robbed the cash register and stole a VCR and videotape, according to the court record.

The surveillance tape also showed 64-year-old Willis Rigdon raising his hands as he was led at gunpoint out of the store and forced into his own pickup truck.

Rigdon was shot with an automatic pistol after a short trip down a nearby dirt road. He was dumped in a ditch and died later at a hospital.

Among cases the Supreme Court will decide based on briefs filed by attorneys are:

— Mississippi Bar complaints against Oxford attorney Richard “Dickie” Scruggs, his son, Zach, and law partner Sidney Backstrom. Dickie Scruggs and Backstrom have been sentenced on federal charges of conspiring to bribe a state judge. Zach Scruggs has been sentenced for knowing about the conspiracy and failing to notify authorities.

— The Mississippi Commission on Judicial Performance’s recommendation that Solomon Osborne be barred from ever seeking judicial office again. The commission cited a racially charged speech Osborne delivered to the Greenwood Voters League in 2006.

Osborne resigned in May as a Leflore County judge. At the time of his resignation, Osborne had been suspended without pay by the Supreme Court for misconduct during an attempted repossession in 2002 of a vehicle owned by the judge’s family members.